Common Probate Challenges

Probate is often straightforward where an estate is modest and no one disputes the will. Disputes, complex assets and tax issues can make it considerably harder. Understanding the most common difficulties can help you prepare and avoid unnecessary delay.

We advise executors and families on property and asset issues, inheritance tax and disagreements over the estate.

1. Missing or Invalid Wills

Probate becomes more complicated if there is no will, if more than one version exists, or if the validity of the will is questioned. Disputes can arise over whether the will was properly signed and witnessed, whether the person making it had mental capacity, or whether they were put under pressure.

We can search for a will, establish whether it was validly made, and advise executors and family members where its validity is in doubt.

2. Property and Asset Complications

Property and jointly owned assets often present difficulties. Ownership may be unclear, co-owners may disagree, or a property may need to be sold to pay debts or distribute the estate. Business interests and overseas assets add further complexity.

We instruct professional valuers where needed and deal with HM Land Registry on the transfer or sale of property.

3. Disputes Between Executors and Beneficiaries

Executors have a legal duty to administer the estate properly and in the interests of the beneficiaries. Disagreements often arise over the pace of the administration, communication or perceived unfairness, and beneficiaries may challenge how assets are valued, sold or distributed.

We act for executors or beneficiaries in these disputes and aim to resolve them by negotiation wherever possible, with costs kept in proportion to what is at stake.

4. Inheritance Tax and HMRC Delays

Inheritance tax can substantially reduce the value of an estate. Late returns or inaccurate valuations can lead to penalties and HMRC enquiries. Estates that include property, investments or overseas assets often take longer to obtain clearance.

We calculate the tax due, prepare the inheritance tax forms and deal with HMRC on the executors' behalf.

5. Intestacy and Missing Beneficiaries

If someone dies without a valid will, their estate passes under the intestacy rules, which may not reflect their wishes. Locating relatives, confirming who is entitled and identifying assets can take time, particularly where family members live overseas or records are incomplete.

We arrange for missing beneficiaries to be traced and administer the estate in accordance with the intestacy rules.

6. Contested Probate and Legal Disputes

Some disagreements lead to formal challenges, such as disputes over the validity of a will, claims under the Inheritance (Provision for Family and Dependants) Act 1975, or disputes over who should act as executor. These can delay the administration considerably and increase costs if not managed carefully.

We aim to resolve disputes early through negotiation or mediation, and advise on court proceedings where they cannot be avoided. See our will disputes page.

7. How We Help

• Reviewing the estate documents to identify potential issues early.
• Dealing with HMRC, HM Land Registry and the banks.
• Seeking to resolve family disagreements by negotiation, or mediation where appropriate.
• Giving realistic timescales, a clear estimate of costs and regular progress updates.

Advice on a Difficult Estate

If an estate is subject to delay, dispute or complex assets, we can advise you on the position and the options available.

Please contact us to arrange an initial appointment.

More Wills & Probate services